Thabo Mo Futs Any an a Establishment Notice

8/13/2019 Thabo Mo Futs Any an a Establishment Notice

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Copyright Juta & Company Limited

DISESTABLISHMENT OF EXISTING MUNICIPALITIES AND ESTABLISHMENT OF THE

NEW DC 19 DISTRICT MUNICIPALITY AND THE NEW FS 191, FS 192, FS 193, FS194 AND FS 195 LOCAL MUNICIPALITIES

Published under

PN 184 of 2000 (PG112 of 28 September 2000)as amended by

PN 201 of 2000 (PG121 of 6 October 2000)

PN 61 of 2001 (PG31 of 20 April 2001)

PN 67 of 2001 (PG36 of 11 May 2001)PN 164 of 2002 (PG72 of 22 October 2002)PN 167 of 2002 (PG75 of 1 November 2002)

PN 7 of 2011 (PG11 of 21 April 2011)PN 15 of 2011 (PG22 of 27 May 2011)

I, Solomon Lechesa Tsenoli, Member of the Executive Council responsible for LocalGovernment and Housing in the Free State Province, acting in terms of section 12 and 14 of

the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998), herebydisestablish the existing municipalities referred to in the Schedule hereto and establish the

new municipalities as set out in the Schedule hereto.SCHEDULE

PART 1

1 Definitions

In this Schedule, unless inconsistent with the context, a word or expression to which a

meaning has been assigned in the Act has the same meaning and-"Administrative unit"means the administrative unit referred to in paragraph 5 or 9;

"demarcation notice"means the Provincial Notice as published in the ProvincialGazette, Free State Province 14 of 28 February 2000;

"disestablished municipality"means an existing municipality disestablished in terms

of paragraph 2 of this Schedule;"district municipal area"means the area indicated by Map 4 of the demarcation

notice;"district municipality"means the Category C municipality established in terms of this

Schedule;"effective date"means-

(a) the day on which the results of the first election of the councils of the new district

municipality and the new local municipalities in the district municipal area aredeclared in terms of section 190(1)(c)of the Constitution; or

(b) if the results of any one or more of these councils cannot be declared, and are-election must be held, the day in which the results of the re-election aredeclared;

"inter-district transitional facilitation committee"means a committee referred to

in paragraph 12(1);

"local municipality"means a Category B municipality established in terms of thisSchedule;

"new municipality"means a district municipality or local municipality, as the case may

be, established in terms of paragraph 4(1);"proportionally elected councillors"means councillors elected to proportionally

represent the parties that contested the election in the municipality concerned;


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"the Act"means the Local Government: Municipal Structures Act, 1998 (Act 117 of

1998);"TFC"means the Transitional Facilitation Committee referred to in paragraph 11; and

"ward councillor"means a councillor elected to represent a ward.2 Disestablishment of existing Municipalities

(1) The following municipalities existing on the date of establishment of themunicipalities are disestablished with effect from the effective date to the extent that those

municipalities fall within the district municipal area:

(a) Arlington TLC established by Provincial Proclamation 38 of 30 September 1994;(b) Bethlehem TLC established by Provincial Proclamation 372 of 31 October 1995;(c) Clarens TLC established by Provincial Proclamation 85 of 21 October 1994;

(d) Clocolan TLC established by Provincial Proclamation 33 of 30 September 1994;(e) Drakensberg TRC established by Provincial Proclamation 307 of 14 August 1995;(f) Eastern Free State District Council established by Provincial Proclamation 124 of 22

November 1996;

(g) Greater Ficksburg TLC established by Provincial Proclamation 121 of 2 December1994;

(h) Harrismith TLC established by Provincial Proclamation 100 of 4 November 1995;(i) Kestell TLC established by Provincial Proclamation 53 of 7 October 1994;

(j) Lindley TLC established by Provincial Proclamation 41 of 30 September 1994;(k) Maluti TRC established by Provincial Proclamation 308 of 14 August 1995;

(l) Marquard TLC established by Provincial Proclamation 108 of 18 November 1994;

(m) Mashae-Fourie TLC established by Provincial Proclamation 28 of 30 September1994;

(n) Mautsendal TLC established by Provincial Proclamation 22 of 30 September 1994;(o) Memel TLC established by Provincial Proclamation 177 of 15 June 1995;

(p) Paul Roux TLC established by Provincial Proclamation 78 of 21 October 1994;

(q) Petrus Steyn TLC established by Provincial Proclamation 26 of 30 September 1994;(r) Phuthaditjhaba TLC established by Provincial Proclamation 44 of 30 September

1994;(s) Qwa-qwa TRC established by Provincial Proclamation 3 10 of 14 August 1995;

(t) Reitz-Petsana TLC established by Provincial Proclamation 89 of 28 October 1994;(u) Riemland TRC established by Provincial Proclamation 309 of 14 August 1995;

(v) Senekal TLC established by Provincial Proclamation 383 of 31 October 1995;

(w) Vrede TLC established by Provincial Proclamation 91 of 28 October 1994; and(x) Warden TLC established by Provincial Proclamation 77 of 21 October 1994.

[Subsec (1) amended by PN 201 of 2000 wef 6 October 2000.]

(2) Until it is disestablished on the effective date, the council of a municipality referredto in subparagraph (1) remains competent to function as the municipality for its area.

3 Vacation of Office

The councillors of the disestablished municipalities vacate office on the effective date.

4 Establishment of New Municipalities

(1) New municipalities are hereby established for the district municipal area as set out in

Parts 2 to 5 of this Schedule.

(2) The establishment of the new municipalities takes effect in terms of section 12(2)(b)of the Act at the commencement of the first election of the councils of those municipalities.

5 Legal succession

(1) The new municipalities within the area of the new district municipality supercede the

disestablished municipalities to the extent that the disestablished municipalities fall within


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that area. The new municipalities in the area become the successors in law of the

disestablished municipalities and depend on the specific assets, liabilities, rights andobligations allocated to the new municipalities respectively in terms of this Schedule.

(2) All the staff of a disestablished local municipality who are for most of their normalworking day occupied with work directly related or incidental to the performance of afunction referred to in section 84(1)(b), (c), (d)or (i)of the Act, forms a separateadministrative unit of the new district municipality. Such an administrative unit is

responsible for the performance of those functions and the exercise of any power or duty

related thereto.(3) An administrative unit referred to in subparagraph (2) functions in terms of the

budgets, systems, regulations and rules that were applicable immediately prior to the

establishment of the new municipalities. The relevant local municipality continues toremunerate and manage the employees in such administrative unit until the end of thefinancial year during which the new district municipality had been established at the cost of

the new district municipality.[Subsec (3) amended by PN 201 of 2000 wef 6 October 2000.]

(4) Only the new district municipality may-

(a) determine tariffs, levies and other taxes in relation to a function referred to insubparagraph (2);

(b) appoint employees in relation to a function referred to in subparagraph (2);

(c) take any decisions required to be taken by a municipal council in respect of afunction referred to in subparagraph (2);

(d) change the budgets, bylaws, policies, directives and systems related to a function

referred to in subparagraph (2); and(e) may acquire or dispose of any assets or liabilities related to a function referred to in

subparagraph (2).[Subsec (4) amended by PN 201 of 2000 wef 6 October 2000.]

(5) An administrative unit referred to in subparagraph (2) continues to occupy and workat the offices and other work places they had occupied and worked at immediately prior to

the effective date at the cost of the relevant administrative unit.

(6) The most senior employee related to each a function referred to in subparagraph(2), is accountable to the municipal manager and council of the new district municipality.

The municipal council of the district municipality may designate any such employee as the

head of that administrative unit.[Subsec (6) amended by PN 201 of 2000 wef 6 October 2000.]

(7) Copies of the accounting records, budgets and financial statements related orincidental to any a function referred to in subparagraph (2), must be supplied to themunicipal manager of the new district municipality.


(8) Any balances in the accounting records of the relevant administrative unit in respect

of a function referred to in subparagraph (2) must be transferred to the new districtmunicipality in terms of an agreement between the new municipalities with effect from the

first day of the financial year following the financial year in which the new municipalities

were established. The MEC must give effect to such an agreement in terms of section 16 of

the Act.[Subsec (8) amended by PN 201 of 2000 wef 6 October 2000.]

(9) The administrative units of the relevant local municipalities must continue to performthe financial, procurement and accounting functions in relation to a function referred to insubparagraph (2) until an agreement in terms of subparagraph (8) comes into operation.



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6 Transfer of assets, rights, liabilities and obligations

(1) The assets rights, liabilities and obligations (excluding investments, cash and cash

balances) in so far as they were, immediately before the effective date, predominantlydeployed in respect of, or related to, the performance by a disestablished municipality of a

function or functions in a specific area, are hereby transferred to the new municipalitywhich, on the effective date, has sole responsibility for the performance of the said functionor functions in the said area.

(2) For the purpose of subparagraph (1), "function"includes a power.

(3) Administrative and other records (including minutes) relating to the assets, rights,liabilities and obligations referred to in subparagraph (1) vest, as from the effective date, inthe municipality to which the respective assets, rights, liabilities and obligations are

transferred in terms of the said subparagraph.(4) Assets, rights, liabilities obligations and administrative records other than those

referred to in subparagraph (1) are hereby transferred to the new local municipality in

whose area the administrative unit responsible for the control of such assets, rights,

liabilities and obligations, immediately before the effective date, is located.7 Investments, Cash and Cash Balances

As from the effective date all investments and all cash and cash balances in a bankaccount of a disestablished municipality accrue to a new municipality in accordance with the

following rules:(a) The investments, cash and cash balances of the disestablished district municipality

accrue to the new district municipality: Provided that where the area of the

disestablished district municipality falls in more than one newly established districtmunicipal area, the portion of such investments, cash and cash balances as

determined by the MEC, will accrue to the new district municipality. The new districtmunicipality continues remunerating any employee of the disestablished district

municipality referred to in paragraph 8(b)until the end of the financial year during

which the new municipality was established;

(b) The investments, cash and cash balances of a disestablished local municipality

accrue to the new local municipality in whose area the disestablished municipalityfalls: Provided that where the area of the disestablished local municipality falls in

more than one new local municipal area, the portion of such investments, cash andcash balances as determined by the MEC, will accrue to the new local municipality

concerned.

8 Transfer of staff

A person who on the effective date is an employee of a disestablished municipalitybecomes an employee of a new municipality in accordance with the following rules:

(a) Employees who are for most of their normal working day occupied with work

directly related or incidental to the performance of a specific function allocated interms of section 84 of the Act to a new municipality or the performance of a specific

function in a specific area, become employees of the new municipality which as

from the effective date is responsible for the performance of that specific functionor for the performance of that specific function in that specific area;

(b) Employees not mentioned in subparagraph (a)become employees of the new local

municipality in whose area the administrative unit responsible for staffadministration relating to such employee immediately before the effective date, isstationed. Employees of the disestablished district council who had been employed

for the express purpose of and are for most of their normal working day occupiedwith work directly related or incidental to the performance of a function of a


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disestablished local municipality, becomes employees of the new local municipality

in whose area the disestablished local municipality fell;(c) For the purposes of subparagraphs (a)and (b)"function"includes a power;

(d) The employment of employees by a new municipality must be regulated inaccordance with any collective agreement;

(e) Until an agreement referred to in subparagraph (d)has been reached employeesare employed by the new municipalities on the same terms and conditions

(including remuneration) applicable to them as employees of the disestablished

municipality which previously employed them;[Para (e)amended by PN 201 of 2000 wef 6 October 2000.]

(f) Service by a person so transferred is deemed to be service as an employee of thenew municipality to which the person is transferred and any leave, pension and

other benefits that may have accrued to that person by virtue of service with a

disestablished municipality shall be deemed to have accrued in favour of such aperson by virtue of service with the new municipality to which she or he is

transferred;(g) Where an employee transferred in terms of paragraph (a)or (b)was a member of a

medical aid scheme, pension or provident fund immediately before the effectivedate-

(i) that employee continues as such a member unless continued membership is

contrary to the rules of the scheme or fund in question or unless the newmunicipality to which the employee is transferred and the employee, afterconsultation with the fund or scheme, agree otherwise;

(ii) the new municipality must deduct the necessary employee's contributions tothe scheme or fund from the remuneration of the employee and pay it over tothe scheme or fund in question together with the employer's contribution.

9 Administrative units

(1) All the employees that have been transferred from a disestablished to a newmunicipality in terms of paragraph 8 of this Part form an administrative unit of the new

municipality to which they had been transferred. An administrative unit functions in terms of

the systems, rules and regulations which were applicable to them immediately prior to the

establishment of the said new municipality until changed by the new municipality. Themunicipal manager must place an employee of a disestablished district municipality

transferred to a new local municipality pursuant to paragraph 8(b)in a post in anyadministrative unit of the new municipality to whom he or she is transferred. Such anemployee must discharge the duties allocated to him or her by the municipal manager.

(2) The head of an administrative unit shall-

(a) be responsible for the control, co-ordination and general supervision of thatadministrative unit; and

[Para (a)amended by PN 201 of 2000 wef 6 October 2000.]

(b) act under the direction of, and be accountable to the municipal manager for the

continued operation of the said administrative unit.

(3) For the purposes of section 16 of the Occupational Health and Safety Act, 1993 (Act85 of 1993), the head of an administrative unit shall be deemed to be the chief executiveofficer in respect of the activities of the administrative unit.

(4) The council of the new local municipality may disestablish the administrative unit by

resolution.[Subsec (4) added by PN 67 of 2001 wef 11 May 2001.]

10 Transitional Provisions Relating to Existing By-Laws and Resolutions


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(1) By-laws and resolutions (including standing delegations) of a disestablished

municipality except those resolutions (including standing delegations) of the disestablisheddistrict municipality that relates to the organisational and remuneration structure, human

resources management and conditions of employment (including remuneration) to theextent that they apply to the new district municipality that are in force on the effective date-

(a) continue in force in the area in which they were applicable subject to anyamendment or repeal by the competent municipality and

(b) relating to a specific function and power of a disestablished municipality or the

performance of a specific function and power in a specific area must be applied bythe new municipality who, in terms of paragraph 14, is responsible for theperformance of that specific function and power or the performance of that specific

function and power in that specific area.(2) A by-law or resolution (including standing delegations) other than those referred to

in subparagraph (1) except those resolutions (including standing delegations) of the

disestablished district municipality that relates to the organisational and remuneration

structure, human resources management and conditions of employment (includingremuneration) to the extent that they apply to the new district municipality of-

(a) the disestablished district municipality must be applied by the new districtmunicipality to the extent to which that by-law or resolution (including standing

delegations) continues in force in terms of subparagraph (1) in the area of the newdistrict municipality; and

(b) any other disestablished municipality must be applied by a new local municipality to

the extent to which that by-law or resolution (including standing delegations)

continues in force in terms of subparagraph (1) in the area of that new local

municipality.(3) Unless inconsistent with the context or clearly inappropriate, a reference in any such

by-law or resolution (including standing delegations) to-

(a) a disestablished municipality must be construed as a reference to the new

municipality which has to apply the by-law or resolution (including standingdelegations); and

(b) a structure or functionary of a disestablished municipality, must be construed as a

reference to the corresponding structure or functionary of the new municipalitywhich has to apply the by-law or resolution (including standing delegations).

11 Transitional Facilitation Committee

(1) A transitional facilitation committee (TFC) is hereby established for the districtmunicipal area. The establishment of the TFC shall take effect not later than twenty-eight

(28) days after the effective date. A TFC consist of one councillor designated by each of the

new municipalities within the district municipal area.

(2) The TFC must make recommendations to the relevant authority:(a) for the resolution of disputes between the new municipalities about the

implementation of paragraphs 5, 6, 7 and 8: Provided that where the disputeinvolves a matter of mutual interest between an employer and its employees, thetrade unions representing employees in the municipalities concerned must attendsuch a meeting and must be allowed to participate in the discussion of the matter;

(b) on the temporary adjustment of the division of the functions and powers betweendistrict and local municipalities;

(c) regarding the implementation of a process of integrating the administrative units of

each of the new municipalities into a single administration for that municipality;(d) regarding which of the assets, rights, liabilities and obligations that have been

transferred from a disestablished municipality should remain vested in thetransferee and which should be transferred from the transferee to another

municipality;


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(e) a process of reviewing the continued application of bylaws, regulations and

resolutions (including standing delegations) of the disestablished municipalities andthe rationalisation, as contemplated in section 15 of the Act, of such bylaws,

regulations and resolutions (including standing delegations).(3)(a)The councillor designated by the new district municipality is the Chairperson of

the TFC.(b)The Chairperson of the TFC decides when and where the TFC meets, but a majority

of the members may request the Chairperson in writing to convene a meeting of the TFC at

a time and place set out in the request.(c)The Chairperson presides at meetings of the TFC, but if the Chairperson is absent

from a meeting, the members present must elect another member to preside at the

meeting.(4) The TFC may determine its own procedures, subject to the following:

(a) A question before the TFC is decided with a supporting vote of the majority of the

members present at the meeting.

(b) At least one half of the members must be present at a meeting before a vote maybe taken on any matter.

(5)(a)Where the TFC has before it any matter within its functions and cannot withinsixty (60) days of such matter being brought before it reach a decision thereon, the matter

shall be referred to independent mediation and the mediation process shall be completedwithin thirty (30) days of such referral. The rules governing such mediation and the list of

approved mediators shall be as agreed upon by the TFC within fifteen (15) days of the

expiry of the aforementioned period of sixty (60) days.

(b)Where the TFC cannot, within the said period of fifteen (15) days reach agreement

as contemplated in (a)above, or where the mediation process does not resolve the matterwithin the aforementioned period of thirty (30) days, the matter must be submitted to the

MEC for local government who may, in his discretion, decide the matter, or may submit it to

arbitration by an arbitrator appointed by the MEC, whose decision shall be final and shall be

deemed to constitute a recommendation of the TFC on the matter.(6) Any expense incurred by the TFC in the discharge of its functions or in respect of the

costs of mediation in terms of subparagraph (4) shall be borne, in equal proportions by the

municipalities who are members of the TFC.12 Inter-district transitional Facilitation Committee

(1) Where the area of disestablished municipality falls within the area of more than one

new district municipality, an inter-district transitional facilitation committee is herebyestablished in respect of those new district municipalities. The establishment of the

inter-district facilitation committee takes effect no later than 60 days after the effective

date. An inter-district transitional facilitation committee consists of one councillor

designated by each of the new municipalities within the areas of all the new districtmunicipalities.

(2) An inter-district transitional facilitation committee must make recommendations:(a) for the resolution of disputes between the new municipalities about the

implementation of paragraphs 5, 6, 7 and 8: Provided that where the disputeinvolves a matter of mutual interest between an employer and its employees, the

trade unions representing employees in the municipalities concerned must attendsuch a meeting and must be allowed to participate in the discussion of the matter;

(b) on the temporary adjustment of the division of the functions and powers between

district and local municipalities;(c) regarding the implementation of a process of integrating the administrative units of

each of the new municipalities into a single administration for that municipality;(d) regarding which of the assets, rights, liabilities and obligations that have been

transferred from a disestablished municipality should remain vested in the


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transferee and which should be transferred from the transferee to another

municipality;(e) a process of reviewing the continued application of bylaws, regulations and

resolutions (including standing delegations) of the disestablished municipalities andthe rationalisation, as contemplated in section 15 of the Act, of such bylaws,regulations and resolutions (including standing delegations).

(3)(a)The inter-district transitional facilitation committee, at its first meeting and

thereafter whenever necessary elects a Chairperson from amongst its members;

(b)The Chairperson of the inter-district transitional facilitation committee decides whenand where the inter-district transitional facilitation committee meets, but a majority of themembers may request the Chairperson in writing to convene a meeting of the inter-district

transitional facilitation committee at a time and place set out in the request;(c)The Chairperson presides at meetings of the inter-district transitional facilitation

committee, but if the Chairperson is absent from a meeting, the members present must

elect another member to preside a the meeting.

(4) The inter-district transitional facilitation committee may determine its ownprocedures, subject to the following:

(a) A question before the inter-district transitional facilitation committee is decided witha supporting vote of the majority of the members present at the meeting;

(b) At least one half of the members must be present at a meeting before a vote maybe taken on any matter.

(5)(a)Where the inter-district transitional facilitation committee has before it any matter

within its functions and cannot within sixty (60) days of such matter being brought before it

reach a decision thereon, the matter shall be referred to independent mediation and the

mediation process shall be completed within thirty (30) days of such referral. The rulesgoverning such mediation and the list of approved mediators shall be as agreed upon by the

inter-district transitional facilitation committee within fifteen (15) days of the expiry of the

aforementioned period of sixty (60) days;

(b)Where the inter-district transitional facilitation committee cannot, within the saidperiod of fifteen (15) days reach agreement as contemplated in (a)above, or where themediation process does not resolve the matter within the aforementioned period of thirty

(30) days, the matter must be submitted to the MEC for local government who may, in hisdiscretion, decide the matter, or may submit it to arbitration by an arbitrator appointed by

the MEC, whose decision shall be final and shall be deemed to constitute a recommendation

of the inter-district transitional facilitation committee on the matter, provided that whereone or more of the new municipalities are cross-boundary municipalities the MECs for localgovernment of the provinces concerned must act jointly.

(6) Any expense incurred by the inter-district transitional facilitation committee in thedischarge of its functions or in respect of the costs of mediation in terms of subparagraph(4) shall be borne, in equal proportions by the municipalities who are members of the

inter-district transitional facilitation committee.

13 Duties of Chief Executive Officers of Existing Municipalities

The person who was the chief executive officer or town clerk of a disestablishedmunicipality must not later than two days after the effective date compile and submit to the

municipal managers of the municipalities concerned-(a) a list containing the names and particulars of all persons who on that date were in

the employ of that municipality; and

(b) an inventory of all the assets and liabilities of that municipality as at that date.[Sec 13 amended by PN 201 of 2000 wef 6 October 2000.]

14 Municipal Managers


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(1) Until the council of the new municipality decides otherwise, the person who, on the

effective date occupied the post of-(a) chief executive officer of the Eastern Free State district council, is designated with

effect from that date, the municipal manager for the new district municipality;(b) town clerk of Clocolan transitional local council, is designated with effect from that

date the municipal manager for the new local municipality contemplated inparagraph 23 of this Schedule;

(c) town clerk of Bethlehem transitional local council, is designated with effect from

that date the municipal manager for the new local municipality contemplated inparagraph 31 of this Schedule;

[Para (c)amended by PN 201 of 2000 wef 6 October 2000.]

(d) town clerk of Reitz transitional local council, is designated with effect from that date

the municipal manager for the new local municipality contemplated in paragraph 39

of this Schedule;(e) town clerk of Harrismith transitional local council, is designated with effect from

that date the municipal manager for the new local municipality contemplated inparagraph 47 of this Schedule; and

(f) town clerk of Vrede transitional local council, is designated with effect from thatdate the municipal manager for the new local municipality contemplated in

paragraph 55 of this Schedule.

(2) Until the council of the new local municipality decides otherwise, a town clerk of adisestablished municipality not mentioned in subparagraph (1) is designated the head of therelevant administrative unit and must perform the functions and discharge the duties

assigned to him or her by the municipal manager.[Subsec (2) amended by PN 67 of 2001 wef 11 May 2001.]

15 Powers and Functions

(1) The new district municipality may, at rates determined by its council with theconcurrence of the Member of the Executive Council responsible for Finance and of theMinister of Finance, levy and claim the levies referred to in section 12(1)(a)of the District

Councils Act, 1985 (Act 109 of 1985).

(2) A new local municipality may levy and recover rates on property.(3) The powers and functions of the new municipalities other than those referred to in

subparagraphs (1) and (2) are as stipulated in section 84 of the Act.PART 2

[Part 2 substituted by PN 7 of 2011 wef 21 April 2011.]

16 Establishment of District Municipality

For the district municipal area as a whole, a district municipality is hereby established.17 Category

The district municipality is a Category C municipality as determined by the DemarcationBoard in terms of section 4 of the Act.

18 Type

The district municipality is a municipality with a mayoral executive system contemplated

in section 4(b)of the Determination of Types of Municipality Act, 2000 (Act 1 of 2000).19 Boundaries

The boundaries of the district municipality are as indicated by Map DEM387_C of the

demarcation notice.


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20 Name

The name of the district municipality is Thabo Mofutsanyane.

21 Councillors

The council of the district municipality consists of 43 councillors as determined in

Provincial Notices 175 and 176 of 31 July 2009 of whom:(a) 17 must be proportionally elected councillors;

(b) 4 must be appointed by the local municipality of Setsoto;

(c) 4 must be appointed by the local municipality of Dihlabeng;

(d) 2 must be appointed by the local municipality of Nketoana;(e) 12 must be appointed by the local municipality of Maluti-A-Phofung;(f) 2 must be appointed by the local municipality of Phumelela; and

(g) 2 must be appointed by the local municipality of Mantsopa.22 Full-Time Councillors

The council of the district municipality may designate the executive mayor, speaker andmayoral committee as full-time."

PART 3

23 Establishment of Local Municipality

For that part of the district municipal area determined in the demarcation notice as FS191, a new local municipality is hereby established.

24 Category

The new local municipality is a Category B municipality as determined by the

Demarcation Board in terms of section 4 of the Act.

25 Type

The new local municipality is a municipality with a collective executive system combinedwith a ward participatory system as contemplated in section 2(b)of the Determination ofTypes of Municipality Act, 2000 (Act 1 of 2000).

26 Boundaries

The boundaries of the new local municipality are as indicated by Map FS 191 of thedemarcation notice.

27 Name

The name of the new local municipality is Setsoto

28 Councillors

The council of the new local municipality consists of 15 proportionally elected councillors

and 16 ward councillors as determined in Provincial Notice 60 dated 5 May 2000.29 Full-Time Councillors

The council of the new municipality may designate the speaker and mayor as full-time.[Sec 29 amended by PN 201 of 2000 wef 6 October 2000.]

30 Wards

The new local municipality has 16 wards with boundaries as indicated in the Noticepublished in the Free State Provincial Gazette72 of 6 June 2000 on the Map showing the

boundaries of municipality FS 191.

PART 4


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For that part of the district municipal area determined in the demarcation notice as FS

192, a new local municipality is hereby established.32 Category

The new local municipality is a Category B municipality as determined by theDemarcation Board in terms of section 4 of the Act.

33 Type

The new local municipality is a municipality with a mayoral executive system combined

with a ward participatory system as contemplated in section 3(c)of the Determination ofthe Types of Municipalities Act, 2009 (Act 2 of 2009).

[Sec 33 substituted by PN 15 of 2011 wef 27 May 2011.]

34 Boundaries

The boundaries of the new local municipality are as indicated by Map FS 192 of thedemarcation notice.35 Name

The name of the new local municipality is Dihlabeng.

36 Councillors

The council of the new local municipality consists of 20 proportionally elected councillors and20 ward councillors as determined in Provincial Notice 175 of 31 July 2009.

[Sec 36 substituted by PN 15 of 2011 wef 27 May 2011.]

37 Full-Time Councillors

The council of the new local municipality may designate the executive mayor, speaker,

members of the mayoral committee and council whip as full-time.[Sec 37 amended by PN 201 of 2000 wef 6 October 2000 and substituted by PN 15 of 2011 wef 27

May 2011.]

38 Wards

The local municipality has 20 wards with boundaries as indicated in the Notice published

in the Free State Provincial Gazette13 of 16 April 2010 on the Map showing the boundaries

of municipality FS192.[Sec 38 substituted by PN 15 of 2011 wef 27 May 2011.]

PART 5



193, a new local municipality is hereby established.40 Category

The new local municipality is a Category B municipality as determined by the

Demarcation Board in terms of section 4 of the Act.41 Type

The new local municipality is a municipality with a collective executive system combined

with a ward participatory system as contemplated in section 2(b)of the Determination of

Tyres of Municipality Act, 2000 (Act 1 of 2000).


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[Sec 41 amended by PN 167 of 2002 wef 1 November 2002.]

42 Boundaries

The boundaries of the new local municipality are as indicated by Map FS 193 of the

demarcation notice.43 Name

The name of the new local municipality is Nketoana

44 Councillors



The council of the new municipality may designate the mayor and speaker as full-time.[Sec 45 amended by PN 201 of 2000 wef 6 October 2000 and by PN 167 of 2002 wef 1 November

2002.]

46 Wards

The new local municipality has 9 wards with boundaries as indicated in the Notice

published in the Free State Provincial Gazette74 of 6 June 2000 on the Map showing the

boundaries of municipality FS 193.

PART 6



194, a new local municipality is hereby established.

48 Category

The new local municipality is a Category B municipality as determined by theDemarcation Board in terms of section 4 of the Act.

49 Type

The new local municipality is a municipality with a mayoral executive system combinedwith a ward participatory system as contemplated in section 2(d)of the Determination of

Types of Municipality Act, 2000 (Act 1 of 2000).

50 Boundaries

The boundaries of the new local municipality are as indicated by Map FS 194 of thedemarcation notice.

51 Name

The name of the new local municipality is Maluti a Phofung52 Councillors



The council of the new municipality may designate the executive mayor, speaker and

mayoral committee as full-time.[Sec 53 amended by PN 201 of 2000 wef 6 October 2000.]

54 Wards


13/14


14/14


The boundaries of the local municipality are as indicated by Map DEM387_C of the

demarcation notice.67 Name

The name of the local municipality is Mantsopa.

68 Councillors

The council of the local municipality consists of 8 proportionally elected councillors and 9

ward councillors as determined in Provincial Notice 175 dated 31 July 2009.

69 Full-Time Councillors

The council of the municipality may designate the mayor and speaker as full-time.70 Wards

The local municipality has 9 wards with boundaries as indicated in the Notice published

in the Free State Provincial Gazette54 of 31 July 2009 on the Map showing the boundaries

of municipality FS 196 in the Notice published in Provincial Gazette99 of 31 August 2010."

Thabo Mo Futs Any an a Establishment Notice

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Transcript of Thabo Mo Futs Any an a Establishment Notice